| Case ID |
0c092331-1649-442a-b473-f4c874631533 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.2298/L of 20 |
| Decision Date |
Jun 04, 2004 |
| Hearing Date |
Jun 04, 2004 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Taj Din alias Taj Muhammad, upholding the decision of the Lahore High Court, Bahawalpur Bench, which previously dismissed the suit regarding the cancellation of his government land lease. The court affirmed that the revenue authorities acted within their legal rights under the Colonization of Government Lands (Punjab) Act of 1912 and the Constitution of Pakistan, Art.185(3), by not renewing the five-year lease and subsequently canceling it. The appellant's claims were found to lack merit, as the High Court had appropriately considered all relevant facts and legal provisions without any misinterpretation or oversight. Consequently, the Supreme Court refused the petitioner's leave to appeal, thereby maintaining the decisions of the lower courts. |
| Summary |
In the landmark case Civil Petition for Leave to Appeal No.2298/L of 2001 and Civil Misc. Application No.215/L of 2004, the Supreme Court of Pakistan deliberated on the cancellation of a government land lease under the Colonization of Government Lands (Punjab) Act of 1912 and the Constitution of Pakistan, Art.185(3). Petitioner Taj Din alias Taj Muhammad, who was allotted and cultivated 12 acres and 4 Kanals of land in Rahim Yar Khan, challenged the cancellation of his five-year lease by the Revenue authorities. Despite his substantial investments and efforts to make the land fertile, the authorities did not renew his lease upon its expiration, citing legal provisions. The Lahore High Court, Bahawalpur Bench, had previously dismissed the petitioner's suit, a decision upheld by the Appellate Court and challenged again in this Supreme Court petition. Represented by Senior Advocate Ch. Mushtaq Ahmed Khan and Mahmudul Islam, the petitioner argued that the lower courts failed to consider his contributions and the fairness of the lease cancellation. However, the Supreme Court found that the authorities acted within their legal rights, as the lease agreement explicitly stated the non-renewal clause after five years. The court highlighted the proper application of Section 24 of the 1912 Act and the relevant constitutional provisions, dismissing the petition for lack of merit. This decision reinforces the legal framework governing government land leases in Punjab, emphasizing the authority's discretion in lease renewals and cancellations based on established laws. The case underscores the importance of adhering to statutory provisions and the judiciary's role in upholding legal contracts between the government and individuals. For legal professionals and stakeholders in land administration, this ruling provides clear guidance on the limits of lease agreements and the conditions under which they can be lawfully terminated. The use of precise legal references and the affirmation of lower court decisions by the Supreme Court exemplify the judiciary's commitment to consistency and rule of law. Trending keywords such as 'Supreme Court of Pakistan', 'government land lease', 'Colonization of Government Lands Act', and 'Constitution of Pakistan Art.185(3)' are central to this case, making it highly relevant for SEO optimization in legal databases and research repositories. The case serves as a precedent for future disputes involving government land leases, ensuring that both parties adhere to the contractual and legal obligations outlined in established statutes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Revenue authorities,
Bahawalpur Bench,
Bahawalpur,
Deputy Commissioner/Collector Rahim Yar Khan,
Additional Commissioner Bahawalpur,
Senior Civil Judge, Rahim Yar Khan
|
| Judges |
SYED DEEDAR HUSSAIN SHAH,
FALAK SHER
|
| Lawyers |
Ch. Mushtaq Ahmed Khan,
Mahmudul Islam,
Nemo
|
| Petitioners |
TAJ DIN alias TAJ MUHAMMAD
|
| Respondents |
PROVINCE OF THE PUNJAB through Collector, Rahim Yar Khan
|
| Citations |
2004 SLD 1163,
2004 SCMR 1411
|
| Other Citations |
C.R. No.291-D of 2001
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act (V of 1912),
Constitution of Pakistan (1973)
|
| Sections |
S.24,
Art.185(3)
|